Madras High Court
Mr. Suhrith Parthasarathy vs Mrs. R.L.Karthika on 5 June, 2023
W.P.No. 8800 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2023
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P. DHANABAL
W.P.No. 8800 of 2019
and WMP.No.9370 of 2019
1 Dhanalakshmi
W/o.Late.V.Ramasamy
2 R.Prithviraj
S/o.Late.V.Ramasamy
3 R.Ravindran
S/o.Late.V.Ramasamy
4 R.Dinakaran
S/o.Late.V.Ramasamy
5 Suganya Devi
W/o.M.Balasundaram
6 R.Ramu
S/o.Late.V.Ramasamy
7 R.lakshmanan
S/o.Late.V.Ramasamy
Vs
1 State of Tamil Nadu
Represented by its Secretary to Government
Housing and Urban Development Department
Secretariat Chennai - 600 009.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No. 8800 of 2019
2 Coimbatore City Municipal Corporation
Rep. by the Commissioner
Coimbatore City Municipal Corporation
Coimbatore - 641 001
3 M.Jaganathan
Proprietor M/s.J.S.Estate and Properties
No.1 Park Avenue Avinashi Road Kumar
Nagar Tirupur-641 603
4 The Member Secretary,
Coimbatore Local Planning Authority,
Sivanandha Colony, TATABAD,
Coimbatore – 641012. ..Respondents
(Impleaded as 4th respondent by order
of this Court dated 20.08.2019)
Prayer: Writ Petitions are filed under Article 226 of Constitution of India to
issue a writ of mandamus, directing the 1st and 2nd Respondents to take
steps towards the demolition of the unauthorized construction put up by
Respondent No.3 at Door No.1217 Ward No.1 Block No.38 Old T.S.
No.672 New T.S. No.1473 under the name of J.S. Mall, Trichy
Road,Puliakulam Village Coimbatore.
For Petitioners : Mr. Suhrith Parthasarathy
For Respondents : Mrs. R.L.Karthika, GA – R1
Mr. K.Magesh, Standing Counsel – R2
Mr. V.Govardanam - R3
2/6
https://www.mhc.tn.gov.in/judis
W.P.No. 8800 of 2019
ORDER
(Judgment of the Court was made by D.KRISHNAKUMAR, J.)
Seeking directions to the 1st and 2nd Respondents to take steps
towards the demolition of the unauthorized construction put up by the 3rd
respondent under the name of J.S. Mall, Trichy Road,Puliakulam Village
Coimbatore, the instant writ petition has been filed.
2. The learned counsel for the petitioner has submitted that the 3 rd
respondent and the petitioners herein had entered into a JDA on 05.05.2008
for construction of commercial complex in the land belonging to the
petitioners herein. The 3rd respondent herein had obtained the planning
permission on 23.05.2011, along with the approved building plan for putting
up construction in the place belonging to the petitioners. The 3rd respondent
had put up construction unauthorisedly beyond the approved plan. Hence
the present writ petition seeking directions to the 1st & 2nd respondent to
demolish the said unauthorised construction.
https://www.mhc.tn.gov.in/judis
W.P.No. 8800 of 2019
3. On the other hand, the learned Standing Counsel appearing for the
2nd respondent-Corporation has submitted that based on the representation
of the petitioner, the Assistant Commissioner, Coimbatore City Municipal
Corporation, Central Zone had inspected the building and had issued notice
dated 23.05.2019 to the 3rd respondent under Section 282 of Coimbatore
City Municipal Corporation to Act to demolish the deviated portion and to
construct the building as per the approved plan. The learned Standing
Counsel would further submit that the 3rd respondent had filed an appeal
before the 1st respondent for revised planning permission and the same is
pending.
4. At this juncture, the learned counsels appearing for the parties
concerned agreed to fix a time frame to dispose of the appeal pending before
the 1st respondent.
5. Considering the facts and circumstances of the case and the
submissions made by the learned counsels appearing for the parties
concerned, We direct the 1st respondent to dispose of the appeal dated
https://www.mhc.tn.gov.in/judis
W.P.No. 8800 of 2019
17.07.2019 preferred by the 3rd respondent on its own merits and in
accordance with the Rules in force, within a period of eight (8) weeks from
the date of receipt of a copy of this order, after hearing the parties
concerned. It is needless to say that the 3rd respondent shall submit his copy
of appeal petition dated 17.07. 2019 along with a copy of this order to the 1st
respondent.
6. With the above directions, the writ petition stands disposed of. No
costs. Consequently, connected Miscellaneous Petition is closed.
(D.K.K., J.) (P.D.B., J.)
05.06.2023
Index: Yes / No
Internet: Yes
ak
To
1 The Secretary to Government
Housing and Urban Development Department
Secretariat Chennai - 600 009.
https://www.mhc.tn.gov.in/judis
W.P.No. 8800 of 2019
D.KRISHNAKUMAR, J.
AND
P. DHANABAL, J.
ak
2 Coimbatore City Municipal Corporation
Rep. by the Commissioner
Coimbatore City Municipal Corporation
Coimbatore - 641 001
3 M.Jaganathan
Proprietor M/s.J.S.Estate and Properties
No.1 Park Avenue Avinashi Road Kumar
Nagar Tirupur-641 603
4 The Member Secretary,
Coimbatore Local Planning Authority,
Sivanandha Colony, TATABAD,
Coimbatore – 641012.
W.P.No. 8800 of 2019
and
WMP.No.9370 of 2019
05.06.2023
https://www.mhc.tn.gov.in/judis
